Senate GOP leader Mitch McConnell is defending Congress’ ability to permit voting by “proxy” when members are absent, a practice adopted by House Democrats at the height of the Covid pandemic despite intense opposition from Republicans.
In a brief filed Friday in federal court — authored by former Attorney General William Barr — McConnell says that despite his personal opposition to proxy voting, the House and Senate have total constitutional authority to determine the way they conduct business.
“Despite his fierce opposition to proxy voting, Senator McConnell believes it critical that courts nevertheless respect each house of Congress’ power to ‘determine the rules of its proceedings,’” Barr wrote on McConnell’s behalf.
McConnell’s position puts him at odds with the vast majority of House Republicans, who spent years fighting a losing battle in court to overturn the practice, which was initiated in 2020 by then-Speaker Nancy Pelosi. The House GOP leader at the time, Kevin McCarthy, sued to block the practice but was dealt defeats by two federal courts before the Supreme Court declined to take up the issue.
However, in February, a federal district court judge in Texas ruled that the House’s use of proxy voting violated the Constitution, contending that it requires a majority of members to be physically present to conduct business. The ruling, if upheld by appellate courts, threatens to unravel large and complicated legislative packages adopted with decisive votes cast by absent members.